sec.240Sublease of land to railway managers

### sec.240 Sublease of land to railway managers This section applies if— the State acquires land (the acquired land ) for use by a railway manager as part of a rail transport corridor; or the chief executive decides that non-rail corridor land (also acquired land ) should be used by a railway manager as part of a rail transport corridor. If the acquired land mentioned in subsection (1) (a) becomes unallocated State land— the Minister administering the Land Act 1994 must lease the land to the State under section 17 (3) of that Act; and despite section 372 (7) (a) of that Act, any public utility easement over the acquired land continues in the perpetual lease and the sublease mentioned in subsection (4) ; and despite section 331 (2) of that Act, the chief executive may continue a stated registered interest in the acquired land in the perpetual lease and sublease on the same terms as an interest in the acquired land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest. The lease is in perpetuity and, if demanded, for a rent of $1 per year. The State must sublease acquired land mentioned in subsection (1) (a) or (b) to the manager— if the manager agrees to meet the full costs of the acquisition— for a term of not more than 100 years; and for a rent, if demanded, of $1 per year; and on other terms decided by the chief executive; or otherwise—on terms agreed between the parties. A sublease by the State under subsection (4) (a) may include an option to renew the sublease. The terms of the option and the renewed sublease are to be decided by the chief executive. Subsections (2) to (6) are subject to section 240AA . The Land Act 1994 , section 336 (2) (a) does not apply to a document of amendment of a sublease to a railway manager under subsection (4) or a sublease to a railway manager granted under the exercise of an option mentioned in subsection (5) . If acquired land is freehold land, the chief executive must require the registrar of titles to include the freehold land in the perpetual lease by a written notice made under this section, instead of under the Land Act 1994 , section 360A (3) . The registrar of titles must amend the description in the following documents to include the freehold land— the perpetual lease; the sublease mentioned in subsection (4) . When the registrar of titles registers the amendment to the perpetual lease— the freehold land— is surrendered absolutely; and becomes part of the rail transport corridor under the perpetual lease and the sublease; and despite the Land Act 1994 , section 372 (5) , any public utility easement over the freehold land continues in the rail transport corridor; and despite section 331 (2) of that Act, the chief executive may continue a stated registered interest in the freehold land in the perpetual lease and sublease on the same terms as an interest in the freehold land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest. The chief executive must give to the holder of an interest in the acquired land extinguished under the Land Act 1994 , section 331 (2) a written notice stating— that the holder’s interest is extinguished; and the date the interest is extinguished; and that the holder has the right to compensation under section 240AAA . If the manager attaches any rail transport infrastructure or any other works or structures to the acquired land, they remain the manager’s property until the manager disposes of them. In this section— acquires includes acquires by— gift; and surrender of a sublease previously granted to a railway manager; and exchange; and purchase. full costs , of an acquisition, includes (if the acquired land consists of a lease to the State) all rent or other money payable by the State under the lease granted to the State during the term of— the sublease of the acquired land from the State to the manager under subsection (4) ; and any renewal of the sublease to the manager. perpetual lease means the lease mentioned in subsection (3) . registered interest means— an interest recorded in a register kept under the Land Act 1994 , section 276 ; or a registered interest under the Land Title Act 1994 . s 240 prev s 240 ins 1994 No. 32 s 10 amd 1996 No. 13 s 57 ; 1997 No. 9 s 89 ; 1998 No. 33 s 14 (retro); 1999 No. 24 s 2 (2) sch ; 2000 No. 6 s 30 exp 30 June 2001 (see prev s 240(2)) AIA s 20A applies (see prev s 240(1)) pres s 240 ins 1995 No. 32 s 11 sub 1997 No. 66 s 44 amd 1998 No. 33 s 7 (retro); 2005 No. 49 s 5 ; 2007 No. 6 s 19 sch 1 ; 2008 No. 67 s 134 ; 2014 No. 43 s 32 ; 2020 No. 21 s 35 (sec.240-ssec.1) This section applies if— the State acquires land (the acquired land ) for use by a railway manager as part of a rail transport corridor; or the chief executive decides that non-rail corridor land (also acquired land ) should be used by a railway manager as part of a rail transport corridor. (sec.240-ssec.2) If the acquired land mentioned in subsection (1) (a) becomes unallocated State land— the Minister administering the Land Act 1994 must lease the land to the State under section 17 (3) of that Act; and despite section 372 (7) (a) of that Act, any public utility easement over the acquired land continues in the perpetual lease and the sublease mentioned in subsection (4) ; and despite section 331 (2) of that Act, the chief executive may continue a stated registered interest in the acquired land in the perpetual lease and sublease on the same terms as an interest in the acquired land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest. (sec.240-ssec.3) The lease is in perpetuity and, if demanded, for a rent of $1 per year. (sec.240-ssec.4) The State must sublease acquired land mentioned in subsection (1) (a) or (b) to the manager— if the manager agrees to meet the full costs of the acquisition— for a term of not more than 100 years; and for a rent, if demanded, of $1 per year; and on other terms decided by the chief executive; or otherwise—on terms agreed between the parties. (sec.240-ssec.5) A sublease by the State under subsection (4) (a) may include an option to renew the sublease. (sec.240-ssec.6) The terms of the option and the renewed sublease are to be decided by the chief executive. (sec.240-ssec.6A) Subsections (2) to (6) are subject to section 240AA . (sec.240-ssec.7) The Land Act 1994 , section 336 (2) (a) does not apply to a document of amendment of a sublease to a railway manager under subsection (4) or a sublease to a railway manager granted under the exercise of an option mentioned in subsection (5) . (sec.240-ssec.7A) If acquired land is freehold land, the chief executive must require the registrar of titles to include the freehold land in the perpetual lease by a written notice made under this section, instead of under the Land Act 1994 , section 360A (3) . (sec.240-ssec.7B) The registrar of titles must amend the description in the following documents to include the freehold land— the perpetual lease; the sublease mentioned in subsection (4) . (sec.240-ssec.7C) When the registrar of titles registers the amendment to the perpetual lease— the freehold land— is surrendered absolutely; and becomes part of the rail transport corridor under the perpetual lease and the sublease; and despite the Land Act 1994 , section 372 (5) , any public utility easement over the freehold land continues in the rail transport corridor; and despite section 331 (2) of that Act, the chief executive may continue a stated registered interest in the freehold land in the perpetual lease and sublease on the same terms as an interest in the freehold land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest. (sec.240-ssec.7D) The chief executive must give to the holder of an interest in the acquired land extinguished under the Land Act 1994 , section 331 (2) a written notice stating— that the holder’s interest is extinguished; and the date the interest is extinguished; and that the holder has the right to compensation under section 240AAA . (sec.240-ssec.8) If the manager attaches any rail transport infrastructure or any other works or structures to the acquired land, they remain the manager’s property until the manager disposes of them. (sec.240-ssec.9) In this section— acquires includes acquires by— gift; and surrender of a sublease previously granted to a railway manager; and exchange; and purchase. full costs , of an acquisition, includes (if the acquired land consists of a lease to the State) all rent or other money payable by the State under the lease granted to the State during the term of— the sublease of the acquired land from the State to the manager under subsection (4) ; and any renewal of the sublease to the manager. perpetual lease means the lease mentioned in subsection (3) . registered interest means— an interest recorded in a register kept under the Land Act 1994 , section 276 ; or a registered interest under the Land Title Act 1994 . - (a) the State acquires land (the acquired land ) for use by a railway manager as part of a rail transport corridor; or - (b) the chief executive decides that non-rail corridor land (also acquired land ) should be used by a railway manager as part of a rail transport corridor. - (a) the Minister administering the Land Act 1994 must lease the land to the State under section 17 (3) of that Act; and - (b) despite section 372 (7) (a) of that Act, any public utility easement over the acquired land continues in the perpetual lease and the sublease mentioned in subsection (4) ; and - (c) despite section 331 (2) of that Act, the chief executive may continue a stated registered interest in the acquired land in the perpetual lease and sublease on the same terms as an interest in the acquired land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest. - (a) if the manager agrees to meet the full costs of the acquisition— (i) for a term of not more than 100 years; and (ii) for a rent, if demanded, of $1 per year; and (iii) on other terms decided by the chief executive; or - (i) for a term of not more than 100 years; and - (ii) for a rent, if demanded, of $1 per year; and - (iii) on other terms decided by the chief executive; or - (b) otherwise—on terms agreed between the parties. - (i) for a term of not more than 100 years; and - (ii) for a rent, if demanded, of $1 per year; and - (iii) on other terms decided by the chief executive; or - (a) the perpetual lease; - (b) the sublease mentioned in subsection (4) . - (a) the freehold land— (i) is surrendered absolutely; and (ii) becomes part of the rail transport corridor under the perpetual lease and the sublease; and - (i) is surrendered absolutely; and - (ii) becomes part of the rail transport corridor under the perpetual lease and the sublease; and - (b) despite the Land Act 1994 , section 372 (5) , any public utility easement over the freehold land continues in the rail transport corridor; and - (c) despite section 331 (2) of that Act, the chief executive may continue a stated registered interest in the freehold land in the perpetual lease and sublease on the same terms as an interest in the freehold land, with the railway manager as sublessee substituted for the owner of the acquired land as a party to the interest. - (i) is surrendered absolutely; and - (ii) becomes part of the rail transport corridor under the perpetual lease and the sublease; and - (a) that the holder’s interest is extinguished; and - (b) the date the interest is extinguished; and - (c) that the holder has the right to compensation under section 240AAA . - (a) gift; and - (b) surrender of a sublease previously granted to a railway manager; and - (c) exchange; and - (d) purchase. - (a) the sublease of the acquired land from the State to the manager under subsection (4) ; and - (b) any renewal of the sublease to the manager. - (a) an interest recorded in a register kept under the Land Act 1994 , section 276 ; or - (b) a registered interest under the Land Title Act 1994 .